R. v. Nguyen et al

R. v. Nguyen et al

The warrant and production order were lawful only insofar as they authorized connection of a number recorder and production of telephone records for the two named landline telephones; the information to obtain contained excisable false or misleading material regarding an earlier arrest and misidentification and thus...

Source-derived case information.

Citation
2004 BCSC 77
Parties
Crown: Regina; Accused: Thanh Van Nguyen; Accused: Loi Van Nguyen; Accused: Chung Sze Trieu; Accused: My Phuong Cao
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 January 2004
Procedural Posture
Criminal Conspiracy to Traffic in Cocaine and Heroin / Voir Dire (pre Trial Admissibility Hearing Regarding Number Recorder Warrant and Production Order)
Outcome
Voir dire ruling: warrant upheld only for two specified landline telephones; warrant and production order invalid as to the cellular telephone and overbroad parts severed; s.492.2 declared inconsistent with s.8 to the extent described; issues of exclusion under s.24(2) reserved for later determination.
Legal Topics
Section 8 Charter, Section 492.2 Criminal Code (number Recorder Warrants), Production Orders for Telephone Records, Telephone Metadata and Expectation of Privacy, Exclusion of Evidence (s.24(2))
Source Language
english
Criminal Law Constitutional Law Privacy / Search and Seizure Evidence Section 8 Charter Section 492.2 Criminal Code (number Recorder Warrants) Production Orders for Telephone Records Telephone Metadata and Expectation of Privacy +1 more

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Parties

Regina

Crown

Thanh Van Nguyen

Accused

Loi Van Nguyen

Accused

Chung Sze Trieu

Accused

My Phuong Cao

Accused

Procedural Posture

Criminal Conspiracy to Traffic in Cocaine and Heroin / Voir Dire (pre Trial Admissibility Hearing Regarding Number Recorder Warrant and Production Order)

Legal Issues

  1. 1 Whether the search and seizure violated s.8 of the Charter
  2. 2 Whether the information to obtain provided sufficient reliable grounds to issue a number recorder warrant
  3. 3 Whether s.492.2 and the terms of the production order exceeded statutory authority

Ratio Decidendi

The warrant and production order were lawful only insofar as they authorized connection of a number recorder and production of telephone records for the two named landline telephones; the information to obtain contained excisable false or misleading material regarding an earlier arrest and misidentification and thus the cellular telephone material lacked sufficient reliable grounds; obtaining the accused's cellular number from CityTel without authorization was a s.8 breach; the production order exceeded statutory authority by seeking records for non-target telephones; and s.492.2 is inconsistent with s.8 to the extent it permits issuance of warrants on reasonable suspicion rather than...

Court Disposition

Voir dire ruling: warrant upheld only for two specified landline telephones; warrant and production order invalid as to the cellular telephone and overbroad parts severed; s.492.2 declared inconsistent with s.8 to the extent described; issues of exclusion under s.24(2) reserved for later determination.

Orders

  • Paragraphs 7A and 7B of the information to obtain excluded as unreliable
  • The 'resort to' clause in the warrant severed and disregarded